DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No: 07603-02
13 December 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Refi
Encl:
(a) Title 10 U.S.C. 1552
(1) DD Form 149 dtd 5 Mar 02 w/attachments
(2)
PERS40HH memo dtd 1 Nov 02
(3) PERS-832B memo dtd 20 Nov 02
(4) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected by removing his request dated 12 August 1985 for reassignment for humanitarian
reasons “and all personal information involving this package.” Copies of pertinent documents
appearing in Petitioner’s official microfiche record are at Tab A.
2. The Board, consisting of Messrs. Grover, Neuschafer and Pauling, reviewed Petitioner’s
allegations of error and injustice on 12 December 2002, and pursuant to its regulations,
determined that the corrective action indicated below should be taken on the available
evidence of record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations
of error and injustice, finds as follows:
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b.
In correspondence attached as enclosure
Command
(NPC) office having cognizance over the subject matter addressed in Petitioner’s
application, has commented to the effect that his request has merit and warrants favorable
action.
(2),
PERS-4OHH, the Navy Personnel
c.
In correspondence attached as enclosure
(3),
PERS-832B, the NPC office having
cognizance over enlisted performance, has commented to the effect that they have nothing to
do with humanitarian reassignment, but they concur with enclosure (2).
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in
contents of enclosures (2) and
following corrective action.
(3), the Board finds the existence of an injustice warranting the
light of the
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected by removing all reference to his request
dated 12 August 1985 for humanitarian reassignment.
b. That appropriate corrections be made to the magnetic tape or microfilm maintained
by the Navy Personnel Command.
c. That any material or entries inconsistent with or relating to the Board
recommendation be corrected, removed or completely expunged from Petitioner
that no such entries or material be added to the record in the future.
’s
’s record and
d. That any material directed to be removed from Petitioner
’s naval record be returned
to the Board, together with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross reference being made a part of
Petitioner ’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board ’s review and deliberations, and that the foregoing is a true and complete
record of the Board ’s proceedings in the above entitled matter.
ROBERT D. ZSALMAN
Recorder
JONATHAN S.
Acting Recorder
RUSKIN
2
.
,
5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of
the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.
MEMORANDUM FOR ASSISTANT FOR BCNR MATTERS (PERS-OOZCB)
01 Nov 02
Subj:
Ref:
(a) BCNR File 07603-02
(b) Enlisted Transfer Manual Chapter
w/service record
1 6
In response to reference (a) and in accordance wit
(b) the humanitarian reassignment informatio
1.
reference
should be removed from subject named member's microfiche
record.
In view of
reassignment was never
filed in the field service record or the microfiche.
that
the
the
executed it should not have been
fact
humanitarian
h
n
DEPARTMENT OF THE NAVY
WAW PERSONNEL COMMAND
IWTEORITY DRIVE
5720
MILLINDTON TN
28055-0000
5420
PERS-832B
20 Nov 02
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
0~ N AV AL
RECORDS
(BCNR)
Via:
PERS/BCNR Coordinator (PERS-OOZCB)
Subj:
_-
Ref:
(a) PERS 40HH memo of 1 No
Encl:
( 1 ) BCNR File 07603-02
(2) Petitioner's Microfiche Record
The petition and naval records of subject petitioner
1 .
have been reviewed relative to his request for removal of
derogatory material.
Although this office has nothing to do with
2.
Humanitarian Reassignment,
Therefore,
recommended.
favorable action on this petition is
I concur with reference (a).
Head, Enlisted Performance
Branch
(PERS-832)
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